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HIALEAH, INC. v. FHBPA

No. 94-0480-CIV.

899 F.Supp. 616 (1995)

HIALEAH, INC., a Florida corporation, and Hialeah Park, Inc., a Florida Corporation, Plaintiffs, v. FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC., a dissolved Florida corporation; Kent H. Stirling, individually and as President; Scott Savin, individually and as First Vice President and Treasurer; James R. Champman, individually and as Second Vice President; William P. White, individually and as Secretary; J.C. Barnhill; Jacqueline Brittain; Vincent Cincotta; Andrew Colando; O.S. Edwards; Manuel Estevez; Frank Gomez; Jose Mendez; Shawn Musgrave; Linda Peterson; R.J. Richards, Jr.; Emanuel Tortora; and Ralph Ziadie, individually and as directors of Florida Horsemen's Benevolent & Protective Association, Inc., a dissolved Florida corporation, Defendants.

United States District Court, S.D. Florida.

August 25, 1995.

Attorney(s) appearing for the Case

Fred E. Karlinsky, Maria Elena Abate, Colodny, Fass & Talenfeld, P.A., Fort Lauderdale, Florida, for Plaintiffs.

Bruce David Green, Bruce David Green, P.A., Fort Lauderdale, Florida, Steven Wisotsky, Steven Wisotsky, P.A., Miami, Florida, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

NESBITT, District Judge.

This cause comes before the Court upon Defendants' Motion to Dismiss Second Amended Complaint for Failure to State a Claim Upon Which Relief Can be Granted, filed March 28, 1995 (D.E. # 78), and Plaintiffs' Motion to Dismiss Count I of First Amended Counterclaims for Damages, Injunction and Declaratory Relief for Failure to State a Claim Upon...

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